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Section 75 claim for used car

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Comments

  • Alderbank
    Alderbank Posts: 4,089 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 16 March at 8:23PM
    Mileage is often used for convenience in calculating terms of final right to reject where both parties agree, but remember neither mileage nor depreciation are used in CRA which uses the broader term 'use of' [the vehicle].

    However I believe that what is very relevant here is that the OP says they agreed to the dealer's offer of £6,000, following which the agreed refund was paid and the vehicle returned.
    Having completed the contract with full consideration on both sides I don't think that either party is able to come back for further bites of the cherry.

    If the OP didn't want to accept the offer of £6,000 and the dealer wouldn't budge, their recourse was to reject the offer and proceed to arbitration or ultimately to court.
  • born_again
    born_again Posts: 21,282 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    6,000 miles at 45p per mile would normally be reasonable, so £2,700. 



    Many take the charge per mile the same as Gov do @45p per mile. Which would be £2700. 
     


    I am not sure that the £0.45 per mile is fair or reasonable.
    That amount permitted by HMRC for business mileage is to cover all the costs of running the car:
     - depreciation
     - maintenance
     - insurance
     - break down policy
     - VED
     - petrol

    The Dealer has not incurred all these costs.


    TBH, would agree.

    Should be based on actual running cost per mile of the cars.
    Life in the slow lane
  • Hiya! Did you ever go through with the section 75? In a similar position and wanted to know if you had any advise? About to learn a very expensive lesson also :(
  • born_again
    born_again Posts: 21,282 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Hiya! Did you ever go through with the section 75? In a similar position and wanted to know if you had any advise? About to learn a very expensive lesson also :(
    Rather than tagging on the end of old posts.
    Far better to start you own giving full details of the problem & details of the car.
    Life in the slow lane
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